Y LAKSHMANA Vs. T SHILPASRI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) Petitioner is before this court being aggrieved by the order passed by the trial court dated 23.06.2017 on the maintainability of the objections raised by the petitioner to the marking of documents styled as palupatti. The trial court after considering the objection has reasoned that the bar under Section 49 of the Registration Act is not absolute and that proviso to said provision provides for examination of document for collateral purposes and hence, deemed it fit to over rule the objections raised by defendant No.

(3.) It is contented by the learned counsel for the petitioner that the petitioner is also entitled to a share in the property and that he is not a party to the agreement of sale registered in favour of respondent No.1 who is the plaintiff before the court below. That the documents sought to be brought on record is an unregistered documents and in terms of Section 17 of the Registration Act is a compulsorily registrable document and the document being unregistered document, the bar under Section 49 of the Registration Act operates as an absolute bar and the same cannot be looked by the court in view of the prohibition contained under Section 49 (1) (c) of the Registration Act.